Whiplash Compensation Claims
If you have suffered a whiplash injury, you may be left in severe pain, unable to carry out your normal daily tasks and may even be unable to work. Whilst some whiplash injuries are mild and subside after a few days, some may cause lingering pain which could have a significant impact on your lifestyle for weeks or even months.
We are experts in whiplash injury compensation claims, dealing with hundreds of claims every year. Our expert advisors can offer impartial advice and support, guiding you through the claims process. If you want to make a whiplash claim, get in touch today!
What is Whiplash?
Whiplash is an injury that affects the neck and is caused by sudden and extreme movement of the head. If you suffer a whiplash injury, symptoms may not present themself until hours after your accident. They will then likely persist and then go away on their own within 2-3 months.
Most cases of whiplash can be treated using over the counter painkillers such as paracetamol and ibuprofen, however, in more severe cases your GP may need to prescribe stronger painkillers or refer you to a physiotherapist or pain specialist.
Whilst whiplash injuries are healing it is encouraged that you try to continue doing everyday activities as this can help speed up recovery, however in severe cases, this may not be possible. In certain job roles, particularly those that are manual, you may struggle to fulfil your duties. If this is the case, you may find your financial situation is threatened due to your injury.
To claim compensation for your whiplash injury, get in touch.
If you think that you may be suffering from whiplash lookout for the following symptoms:
- Soreness and tenderness of the neck and shoulders
- Reduced mobility in the head and the neck
- Dizziness and a sense of imbalance
- A headache with the centre of the pain focused on the base of the skull
Whiplash can also cause fatigue, depression, mood swings, and concentration or memory difficulties. If you think that you may be suffering from a whiplash injury, you should visit your GP as soon as possible. Your doctor will be able to diagnose and treat whiplash. Diagnosis from a medical professional will also be key in pursuing a successful whiplash claim.
Common Causes of Whiplash Claims
Whiplash is caused by sudden movement of the head. This most commonly occurs during road traffic accidents. For example, if a car collides with something, or is forced to stop abruptly, the driver’s and/or passengers bodies will be thrown forward and then snapped backwards when the seatbelt locks. This can jolt the head and neck resulting in whiplash.
Types of Whiplash Claims
Whilst most whiplash compensation claims are made after car accidents, there are different circumstances in which people may be unsure if they are able to make a claim.
Low-speed Impact Whiplash Claims
Many people think that it is not possible to get whiplash during a low-speed collision however low-speed collisions or low-velocity impacts (LVI), actually present more danger to a victim than high-speed accidents. That is because the injuries are not always immediately apparent. Fractures, dislocations, and bruises may exist, but other whiplash effects may not appear until 24-48 hours after an accident.
If you are involved in an impact accident, you can get whiplash no matter what speed you are going. Whiplash is not related to speed but the misalignment of your head and neck, usually caused by a sudden stop.
Child Whiplash Claims
In order to make a whiplash claim, you must be over 18 years of age however, that is not to say that you cannot make a whiplash claim on behalf of a child. In the same way that adults can get a whiplash injury, so can children. For example, if your car has been hit from behind whilst your child is in the back, their head may have been thrown forward due to the impact resulting in whiplash.
A child may not be able to verbalise their symptoms therefore, after an accident you should take them to seek medical assistance. After examination, a doctor will be able to diagnose any resulting injuries, including whiplash. You can make a whiplash claim on behalf of your child at any time before their 18th birthday, the usual 3-year time limit does not apply up until this point. After this date, if a claim has not already been made they are able to submit their own compensation claim within the usual 3-year time limit.
The only time a parent or guardian cannot make a claim on behalf of their child is if they are responsible for the accident, for example, if they were the responsible driver in an RTA. In this instance, the child’s other parent, grandparent, or close relative, could make a claim. The adult representing the child in the claim is called their litigation friend. They need to be able to competently and fairly make decisions for the benefit of the child and not have any conflicting interests, demonstrating this by completing a Certificate of Suitability.
Any money awarded to a child for whiplash compensation goes into a court-appointed trust to be managed for them until they reach the age of 18.
Am I Eligible to Make a Whiplash Injury Claim?
To be eligible to make a compensation claim for whiplash injuries, you must be able to prove that your injury occurred as a result of somebody else’s negligence.
An example case study of a successful compensation claim for whiplash featured a man who was injured while taking part in a martial arts competition after his opponent used an illegal manoeuvre to throw him to the ground. He received immediate treatment from the attending medic and went to A&E for further examination. At A&E he was then diagnosed with severe whiplash, which was diagnosed via ultrasound. The victim had six weeks off work to recover. He lost a significant amount of earnings as he was self-employed. As the nature and cause of his injury were evident, his payment was awarded after only a few months.
To find out whether you are eligible to make a claim, contact one of our expert advisors. They will discuss the details of your claim with you, asking for any necessary information to determine whether your claim is likely to be successful.
What is the Time Limit to Make a Whiplash Claim?
To receive compensation for your whiplash injury, you must make a claim within 3 years of the date of your accident or the date of diagnosis of your injury, if this was not the same day. Court proceedings must have begun within this 3-year timescale in order for your claim to be valid.
If you were a minor at the time of the accident, and a claim has not already been made on your behalf, you have from your 18th birthday until the date of your 21st birthday to submit a claim.
In particularly complex cases, the 3-year time limit may be extended however, this will be decided on a case by case basis and will be at the discretion of the courts.
How Much Compensation Could I Get For a Whiplash Claim?
Whiplash compensation amounts will differ depending on the severity of your injuries. The minimum claim for whiplash tends to be around £750, with more severe whiplash compensation amounts reaching up to £13,500. This level of compensation would only be received in cases for which the injury will have life-changing effects, for example, if lifelong pain affects your ability to work etc.
As most cases of whiplash are not severe, the average claim for whiplash will be significantly lower than this. When the compensation amount is decided factors such as recovery time, pain and loss of earnings will be taken into account.
For a more accurate estimate of how much compensation you could receive for your whiplash claim, speak to one of our advisors.
How to Make a Whiplash Claim
The first step in claiming compensation for whiplash is to contact The Compensation Experts where you’ll speak to one of our trained advisors. They will go through all the details of your accident and talk to you about your injury before matching you with a personal injury solicitor who specialises in whiplash claims such as your own. It is important to work with a solicitor who specialises in this area for the claims process to run as smoothly and successfully as possible.
For your claim to be valid, you must prove that you have a genuine injury. You can demonstrate this by providing access to your medical records. This is one reason why it is important that you seek medical attention if you suspect you have whiplash. If you have any lingering symptoms, then your solicitor may arrange for you to have an independent medical assessment. This adds weight to your potential claim.
In addition to showing you have an injury, you also need to demonstrate that it was the other party’s fault. You can do this with a police report (you should always phone the police if there has been an accident where someone was hurt), with diagrams or photos of the accident site, witness statements, and photos of your car and the other vehicle if your whiplash injuries resulted from a road traffic accident.
If you were involved in an accident for which you were partially at fault, resulting in whiplash, it is still possible to claim compensation. For example, if you were rear-ended in a traffic accident, but your brake lights were not working correctly. Cases such as these are known as “split liability” and mean that your compensation payment will be reduced by the proportion which you are liable for. If a judge rules you are 20% responsible, then you will receive 80% of the calculated compensation.
Starting a Personal Injury Claim for Whiplash
To begin your whiplash injury claim, fill in our online contact form and one of our advisors will call you back to discuss your claim.
Need some help?
Am I eligible?
If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.
Exceptions to this are for instance industrial disease or if you were a child at the time of the accident. In these cases you may have a longer period to claim.
How much could I claim?
As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure. These include: extent of your injuries, loss of earnings, future losses and more.
Our dedicated team of experts will give you an indication of how much you could potentially claim for.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.
Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be up to date every step of the way.
Why should you use us?
No Win No Fee*
We assess all claims on a No Win No Fee basis, then we can determine how successful a claim is likely to be. However, if your claim is successful we will charge up to 25% of the total compensation awarded and if you terminate the agreement before your claim for damages ends then you may be liable to pay basic charges in addition to this. We assess each claim on its merits with the information you provide, which then helps us to determine its likely success rate.
Our dedicated panel are experts in securing compensation no matter the injury.
Our personal injury solicitors are committed to securing the best possible outcome for you while providing expert support every step of the way.
Personal Dedicated Solicitors
Each client has their own Personal Injury solicitor who will work on the case from start to finish. They will be there every step of the way. The client has a direct phone number and direct email address of the solicitor.
Expert Whiplash Claim Solicitors Working For You
We specialise in helping victims of whiplash injury claim the compensation they deserve.
We work on a No Win No Fee basis, so if we don’t win your case you don’t pay! Once you make contact, our experienced team will then work to recover the maximum compensation you are entitled to.
However, you should be aware that the panel of solicitors we work with may charge up to 25% of the total compensation awarded if your claim is successful. Further, if you terminate the agreement before your claim for damages ends you may be also liable to pay basic charges including (but not exclusively) disbursements, and barrister’s fees.
Whether you are ready to make a whiplash injury claim, or you would just like a free conversation with a legal professional, we have trained advisors on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back at a time that suits you.